Research On The List System Of Dishonest Persons Subject To Execution

The difficulty of enforcement after successful civil cases has been haunting the progress of civil enforcement in our country,affecting the majesty and credibility of the judiciary.The main reason for this phenomenon is the refusal to cooperate with the persons subject to enforcement.We call these persons "Laolai".In order to punish such persons subject to enforcement,the Supreme People's Court has successively issued a number of judicial interpretations and established It has established a high-consumption restriction system and a system of dishonest persons subject to enforcement.At the same time,it has joined forces with multiple departments to establish a joint disciplinary mechanism for dishonest persons subject to enforcement,so as to punish untrustworthy persons in a comprehensive and multi-channel manner.In this high pressure situation,the system of untrustworthy persons subject to enforcement,as the core part of the joint disciplinary mechanism,plays a pivotal role in the rapid and effective resolution of difficult enforcement issues.It is undeniable that in the face of excessive pursuit of judicial efficiency,some details of judicial justice are bound to be ignored.At present,the civil enforcement legislation in our country is not perfect,and the design of the relevant system for enforcement is in a state of crossing the river by feeling the stones.The system of the list of untrustworthy persons subject to enforcement also has some problems.The formation of a severe punishment pattern of "one place of dishonesty is restricted everywhere" has further highlighted the importance of the system of the list of untrustworthy persons subject to enforcement.We need to continue to improve.Based on this research purpose,this article expands through the following aspects:The first chapter clarifies the basic concept of the dishonest person subject to enforcement by defining the concept of the dishonest person subject to enforcement and distinguishing the dishonesty information from the credit information.Explore in detail the background specified by the list system,and study the development and change of the system.The specific content of the system and the principle of its punishment are introduced.The second chapter studies the theoretical support of the system of untrustworthy persons subject to enforcement,focusing on the theoretical basis of the system of untrustworthy persons subject to enforcement,and demonstrate the legislative foundation of the system through the analysis of the principles of good faith,the principle of assistance in execution,and the principle of judicial openness.At the same time,through discussions on the principle of proportionality and the reasonable transfer of privacy rights,it provides relevant theoretical support for subsequent opinions on the perfect operation of the system.The third chapter analyzes the main problems existing in the list system from three angles.The system has shortcomings at the construction level,and fails to complete the distinction and effective connection between the system and the crime of refusal to execute.At the same time,there are loopholes in the protection of minors.At the level of system operation,the courts have lax review of the entry list and dishonesty.The most important issue is the inadequacy of the production of the decision letter.The most important thing is the inconsistency of the applicable standards of the system;in terms of system relief and protection,there are also poor relief channels for the person subject to enforcement,and the untrustworthy information after the person subject to execution leaves the list is not in place.The fourth chapter summarizes and summarizes the existing problems of the current dishonesty list system,combined with the actual situation of our country,and puts forward several suggestions on the soundness of the dishonesty list system: follow the principle of proportionality to construct a gradient punishment system,improve the distinction and connection between the untrustworthy list system and the crime of refusal to execute,accelerate the introduction of a unified civil enforcement law,strengthen the supervision of the list system,and finally improve the relief mechanism of the untrustworthy list system.